Apple's remarks in a patent trial suggested an 'American-versus-non-American theme' to the jury, Judge Koh said.

After Samsung complained about the remarks in court and made its plea for a retrial, Koh brought the jurors back in and re-read the instruction that they should "not be motivated by sympathies or prejudice."

[T]he law presumes that jurors carefully follow the instructions given to them, Koh wrote in her order Friday, citing an opinion from the Ninth Circuit Court of Appeals.

She also noted that she had given Samsung the option to bring the jury back and rebut Apple's remarks.

Nevertheless, she was clearly unhappy with how Apple concluded its case, and reminded both sides they'll be back in court soon for another trial about a different set of products.

"Next month, these parties and these counsel are set to go to trial for a third time. Counsel are encouraged to be mindful of the important role that lawyers play in the actual and perceived fairness of our legal system," Koh wrote.

Her order Friday also rejected a motion from Apple seeking additional damages, saying it has to await the outcome of Samsung's appeal. And she denied motions from Samsung seeking to reduce the jury's award.